Criminal obsolescence constitutes a loss of the right of state authorities to conduct criminal proceedings, pronounce and enforce a criminal sanction against the perpetrator of a criminal offense, due to the expiration of a certain period of time from the commission of a criminal offense. A winnipeg defence lawyer wants you to consider hiring a professional, making sure your case is being solved properly.
Namely, it is considered socially unjustifiable to conduct proceedings and pronounce or execute a criminal sanction if a disproportionately long period of time has elapsed since the pronouncement of the sanction to be enforced, meaningful of the commission of the criminal offense for which the proceedings should be conducted, due to which the purpose of conducting the criminal proceedings and the purpose of imposing criminal sanctions has become irrelevant.
Our law knows two forms of obsolescence – the obsolescence of prosecutions and the obsolete execution of criminal sanctions.
Obsolescence of prosecution
The time limit of obsolescence runs from the date of commission of the criminal offense, and the law provides for different limitation periods depending on the prescribed penalty for a criminal offense, taking into account the most severe punishment for this work.
For criminal offenses for which a sentence of imprisonment of up to one year is prescribed or a fine, the limitation period is two years, for acts for which a sentence of imprisonment is prescribed for more than one year, the limitation period is three years for acts for which imprisonment is provided through 3 years, the time limit of obsolescence is 5 years, for acts for which the sentence of imprisonment is more than 5 years, the period of tenure is 10 years, for acts for which a sentence of imprisonment is more than 10 years, the limitation period is fifteen years, for works for which the imprisonment sentence is more than fifteen years, the period of obsolescence is twenty years, and for acts for which a prison sentence of thirty to forty years is envisaged, the limitation period is twenty-five years.
Until the suspension of the limitation period arises in the event of occurrence of certain circumstances that temporarily prevented the undertaking or continuation of criminal prosecution, and for the duration of these circumstances, the limitation period does not run, or the duration of these circumstances is not included in the time limit of obsolescence – with the occurrence of the interruption the deadline ceases to it runs, and after its termination it continues to run where it stopped. Suspension of obsolescence is due to the occurrence of a mental illness in a blamed or other serious illness after the commission of the crime, due to which the disease cannot participate in the procedure, due to the use of immunity, etc., but also in case of objective impossibility of conducting the procedure – war, earthquake, In any case, the time limit of obsolescence is practically extended during the duration of such interruptions, or during the period of suspension.